JUDGMENT OF THE COURT
This is a second appeal from the judgment of the Principal Magistrate's Court at Kilungu where the appellants Raphael Tulu Mutia, Wambua Syuki Musau and Eric Kalulu Kiverenge were jointly charged with the offence of robbery with violence contrary to section 296(2) of the Penal Code. The particulars of the offence were that on 8th January, 2011 at Kilome slaughter house jointly with others not before court they robbed Joseph Mwongela Kalili of a motor cycle registration number KMCK 365N make Kin Rod valued at Shs.123,000/=; a mobile phone make Nokia 2100 valued at Shs.3,500/=; black jacket valued Shs.2500/=; a pair of canvas shoes valued at Shs.1000/= and cash Shs.500/= and that immediately before the time of such robbery they threatened to use actual violence to the said person.
A trial was conducted before H. Nyakweba, Principal Magistrate and the appellants were convicted in a judgment delivered on 29th November, 2011 and they were sentenced to death.
A first appe…